4th National Forum on FARA - DS

4th

National Forum on

FOREIGN AGENTS REGISTRATION ACT

December 8–9, 2022 | Washington Hilton, Washington, DC

Acclaimed as the only stand-alone, dedicated event on the complex issues confronting FARA practitioners, key enforcement officials, legal and compliance experts will unpack the most pressing, high stakes issues, including:

ç The Present and Future of DOJ’s Enforcement Posture: The LesserKnown Takeaways on New, Emerging FARA Prosecution Trends

ç Contrasting the Use of 18 U.S.C. § 951 vs. FARA: What Recent Cases Reveal about the Present and Future of DOJ Enforcement Decision-Making

ç DOJ Rulemaking: The Status and Aftermath of Comments to the Proposed Rules

ç The Uncertain Boundaries of the Commercial Exemption, Including Special Considerations Involving China and the Middle East

ç The Fine Line Between Scholarship and Advocacy: New, Special Considerations for NGOs and Think Tanks

ç A Focused Look at the Lawyer Exemption: Surprising New Legal, Compliance and Reputational Challenges

Chief, Counterintelligence & Export Control Section

U.S. Department of Justice

Jay Bratt

U.S. Department of Justice

Jennifer Gellie Chief, FARA Unit

Laura Dehmlow Chief, Foreign Influence Task Force Federal Bureau of Investigation

Heather Hunt Senior Counsel for FARA Administration U.S. Department of Justice

Axios

“Some of the nation's most prominent nonprofit and advocacy groups tell the Justice Department they could be branded "foreign agents" unless DOJ changes its approach to the Foreign Agents Registration Act”

JD Supra

“The Wynn complaint signals the DOJ’s continued focus on combating foreign interference and requiring the disclosure to the U.S. government of political activities on behalf of foreign entities”

Reuters “FARA and 951 let prosecutors go after broader activity — such as lobbying or running media campaigns — than espionage statutes, which focus on agents seeking classified or military information” As FARA enforcement remains one of the key priorities for the U.S. Department of Justice, you cannot afford to miss out on ACI’s National Forum on FARA — the nation’s only comprehensive, dedicated event on the Foreign Agents Registration Act.

GOVERNMENT FACULTY:

Jay Bratt

Chief, Counterintelligence & Export Control Section

U.S. Department of Justice

Jennifer Gellie Chief, FARA Unit

U.S. Department of Justice

DISTINGUISHED SPEAKER FACULTY INCLUDES:

Jason Abel Partner

Steptoe & Johnson LLP

Kate Belinski Partner Ballard Spahr LLP

Laura Dehmlow

Chief, Foreign Influence Task Force Federal Bureau of Investigation

Heather Hunt Senior Counsel for FARA Administration

U.S. Department of Justice

2022 CO-CHAIRS:

David Laufman Partner

Wiggin and Dana LLP

Charles Borden Partner Holland & Knight LLP

Tessa Capeloto Partner Wiley Rein LLP

Barak Cohen Partner Perkins Coie LLP Ki Hong Partner

Skadden, Arps, Slate, Meagher & Flom LLP

Jeffrey Hunter Partner

Kelley Drye & Warren LLP

Murad Hussain Partner

Arnold & Porter Kaye Scholer LLP

Amy Jeffress Partner

Arnold & Porter Kaye Scholer LLP

Rob Kelner Partner

Covington & Burling LLP

Melissa Laurenza Partner

Akin Gump Strauss Hauer & Feld LLP

Juliana Laurello Of Counsel

Greenberg Traurig, LLP

Meredith McCoy Partner

Venable LLP

Dan Pickard Shareholder Buchanan Ingersoll & Rooney PC

Josh Rosenstein Partner

Sandler, Reiff, Lamb, Rosenstein & Birkenstock P.C.

Brian Smith Partner

Covington & Burling LLP

Brian Svoboda Partner

Perkins Coie LLP

Brandon Van Grack Partner

Morrison & Foerster LLP

Matthew Sanderson Member

Caplin & Drysdale

Jennifer Huber

Founding Partner

FHH

Nick Lewin Partner

Krieger, Kim & Lewin LLP

Former Chief, FARA Unit, U.S. Department of Justice

December 8, 2022

PRE-CONFERENCE WORKSHOP

8:00 am–10:00 am

A Complete Primer on FARA: Essential Takeaways on Requirements, Advisory Opinions, and Core Building Blocks

Laying the groundwork for the main conference, join this workshop that will bring you up-to-speed and set the stage for the specific, complex discussions that will follow.

The workshop leaders will provide an essential overview of FARA requirements and the current landscape of DOJ Advisory Opinions.

Ensure that you are fully updated on the core building blocks of FARA enforcement and compliance-and benefit from additional CLE credit and speaker-prepared reference materials.

Topics will include:

• Defining "foreign agent" and "foreign principal" under FARA

• What can trigger the need to register for:

» Agents and their employers

» Lawyers and law firms

» Lobbying and public relations firms

» Consulting firms

» Non-profit groups

» Universities and think tanks

• Common misconceptions about FARA registration: When it is (and isn't) required

» No de minimis threshold

» Media

» Trade associations

» U.S. subsidiaries of foreign companies

» What is meant by "at the order, request, or under the direction or control" of, a foreign principal"

» Defining "political activities" and acting as a "public-relations counsel," "publicity agent," "information-service employee," or "political consultant”

» Representing the interests of a foreign principal before an agency or official of the United States Government

• Assessing the nature and scope of activities by an "agent"

• Overview of FARA Exemptions and DOJ Interpretations of:

» The Commercial Exemption

» LDA Exemption

• The anatomy of a DOJ audit of a registered foreign agent

» Lawyers' Exemption

» Academic Exemption

• What is required by the DOJ for disclosure reports and copies of "informational materials"

• Lessons learned from key DOJ Advisory Opinions and enforcement actions

• Recent enforcement trends and evolving risk factors confronting individuals and entities

Charles Borden Partner Holland & Knight LLP

Jeffrey Hunter Partner Kelley Drye & Warren LLP

David Laufman Partner Wiggin and Dana LLP

Matthew Sanderson Member Caplin & Drysdale  10:30  Opening Keynote Address

Jay Bratt Chief, Counterintelligence & Export Control Section, National Security Division U.S. Department of Justice

10:00  Main Conference Registration & Networking Breakfast Sponsored by:  11:15  The Present and Future of DOJ’s Enforcement Posture: The Lesser-Known Takeaways on New, Emerging FARA Prosecution Trends

• New takeaways from recent high-profile FARA cases

• Mapping the nuances and trends of recent FARA prosecutions — and what they reveal about the anticipated path forward

• Identifying sectors receiving increased scrutiny under FARA

• The role of the FBI in FARA investigations

• Implications of the FARA Unit sending out more letters of inquiry to prominent institutions

Akin Gump Strauss Hauer & Feld LLP

Morrison & Foerster LLP

Former Chief, FARA Unit, U.S. Department of Justice

Melissa Laurenza Partner

Brandon Van Grack Partner

12:00

The Uncertain Boundaries of the Commercial Exemption, Including Special Considerations Involving China and the Middle East

• Latest advisory opinions and their practical implications

• How much due diligence is enough?

• Navigating exemptions for foreign commercial entities owned by a foreign government

• The finer pints of determining when an activity “directly promotes” the public or political interests of a foreign government or political party?

• Recent investment activities that have come under FARA scrutiny

12:45  Networking Luncheon Sponsored by:

2:00

DOJ Rulemaking: The Status and Aftermath of Comments and Responses to the Proposed Rules

Join us for a critically important discussion on where we are and where we are headed. Topics will include:

• Examination of the shifting landscape from the Proposed Rules

• What impact will these Proposed Rules have?

• What are the ways that the Proposed Rules may be further refined and interpreted?

2:45

Overcoming Challenges to Using the FARA E-File System: The Latest Best Practices and Lessons Learned

• Common pitfalls associated with using the filing process

• How much information is required to be submitted

• Discussion on how to streamline the filing system

• Lessons learned for using the E-File system and avoiding missteps, and delays

Ballard Spahr LLP Brian Smith Partner Covington & Burling LLP

Josh Rosenstein Partner

Sandler, Reiff, Lamb, Rosenstein & Birkenstock P.C.

Hunt Senior Counsel for FARA Administration U.S. Department of Justice

Kate Belinski Partner

Heather

Contrasting on the Use of 18 U.S.C. § 951 vs. FARA: What Recent Cases Reveal about the Present and DOJ Future of Enforcement Decision Making

• The lesser-known differences between 18 U.S.C.

§ 951 vs. FARA

• Understanding why DOJ would use one over the other

• How has enforcement differed regarding these two statutes?

• Advising clients subject (or possibly subject) to enforcement under 18 U.S.C. § 951 or FARA

• How might enforcement be expanded, using the 951 prosecutions as a guide

• Navigating new questions around FARA registration requirements

• Attempting to define the broad language of the law around “political activities”

• Activities that might trigger an inquiry letter and document request

• Pitfalls to avoid when getting foreign grants or funding for projects

Cocktail Reception

Jason Abel Partner Steptoe & Johnson LLP

Meredith McCoy Partner Venable LLP

Amy Jeffress Partner

Arnold & Porter Kaye Scholer LLP

Barak Cohen Partner Perkins Coie LLP

Opening Remarks from the Co-Chairs

David Laufman Partner Wiggin and Dana LLP

Matthew Sanderson Member

Caplin & Drysdale

Navigating The Grey Areas of the LDA Exemption: New Implications of Advisory Opinions for Lobbying and PR Firms

• The nuances of the latest DOJ advisory opinions

• What can now trigger FARA registration, letter of inquiry and further DOJ action

• How to know when to sound the alarm

Jennifer Gellie Chief, FARA Unit U.S. Department of Justice

• How to separate reputation building from lobbying

• How US Subsidiaries may be impacted by recent Advisory Opinions

Ki Hong Partner

Skadden, Arps, Slate, Meagher & Flom LLP

Rob Kelner Partner Covington & Burling LLP

Brian Svoboda Partner Perkins Coie LLP

10:45  Morning Networking Break

11:00  The Lawyer Exemption Amid the New Economic Sanctions Landscape: Surprising New Legal, Compliance and Reputational Challenges Confronting Practitioners

• Common misconceptions about the lengths and limits of the Lawyer Exemption

• New, unexpected interplay between accepting FARA engagements amid a rapidly evolving sanctions landscape

• What to do when your client is subject to sanctions or is paying legal fees through a bank subject to sanctions

• Scope of lawyers’ sanctions monitoring obligations

• Balancing FARA disclosure requirements with attorney-client privilege

11:30

Interview with the Chief of FBI’s Foreign Influence Task Force Laura Dehmlow Chief of FBI’s Foreign Influence Task Force Federal Bureau of Investigation

Tessa Capeloto Partner Wiley Rein LLP Jennifer Huber Founding Partner FHH

12:00  CASE STUDY

Attorney General of The U.S. vs. Stephen A. Wynn: A Closer Look at the DOJ’s Use of Civil Injunctive Statutory Authority

• Where is the line that compels someone to register?

• At what point does someone become an agent of a foreign entity?

• What are the factors that establish agency?

• Perspectives on the anticipated impact of this case on future enforcement matters

12:30

The Narrowing Definition of “Political Activity”: Clarifying the Impact of Key Advisory Opinions on Political Consulting

• Upgrading your KYC protocols

• Establishing systems to track compliance with disclosure obligations and books and records requirements

• Balancing attorney-client privilege and filing requirements

• Best practices for completing and filing reports in a detailed and timely manner

Dan Pickard Shareholder Buchanan Ingersoll & Rooney PC

1:00  Forum Concludes

Nick Lewin Partner

Krieger, Kim & Lewin LLP

Murad Hussain Partner Arnold & Porter Kaye Scholer LLP

Juliana Laurello Of Counsel Greenberg Traurig, LLP

VENUE INFORMATION Bed

Washington Hilton

1919 Connecticut Avenue, N.W. Washington, DC 20009

Phone: 202-483-3000

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ACI’s FARA – Foreign Agents Registration Act”.

Please note that the guest room block cut-off date is November 7, 2022. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

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Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@AmericanConference.com

SUPPORTING SPONSORS ASSOCIATE SPONSORS

With nearly 1,000 lawyers globally, Arnold & Porter helps clients anticipate and address the issues and opportunities that impact their businesses.

Praised by Chambers, The Legal 500, Best Lawyers, and Law360, clients turn to our White Collar Defense & Investigations team for their most complicated matters. Comprised of former high-level government attorneys, we skillfully conduct internal investigations, deftly navigate government enforcement actions, and, if necessary, vigorously defend them at trial.

We draw on our extensive national security and government experience to advise clients on FARA compliance and related statutory provisions. We have also handled numerous, high-profile Department of Justice inquiries.

CONTINUING LEGAL EDUCATION CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/accreditation/cle/

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